Low Jin Liang

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Legal articles by Low Jin Liang

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    string(7693) "A Will is a very important document. A person making a Will (a ‘testator’) sets out how they want their belongings and money to be dealt with after death. They will also specify the individual responsible for enacting what the Will says – called the executor. We use the term ‘estate’ to describe all the deceased’s property in various forms, including all assets and liabilities.

Wills are designed to avoid conflict and disagreement, but sometimes this isn’t always easy. Some parties with an interest in the deceased’s estate may think the Will is unfair, for example. The Courts won’t set aside a Will just because someone is unhappy with it; if they are satisfied it is a valid Will, they will rule that it should be enforced.

But sometimes there are situations when a Will can be contested. This article explores when, how, and who can do it.
Who Can Contest A Will?
If an individual has an interest in the Will, or was dependent on the deceased person in some way, then they may contest the Will. For example, spouses can challenge a Will if they depended on the deceased financially, or if the deceased was legally obliged to support them. Most often, a beneficiary will challenge a Will when they think it doesn’t properly reflect the testator’s wishes; they believe they should inherit more, or they think they are entitled to more maintenance payments if they are dependents.

The term ‘contesting’ a Will means that you are challenging its validity or its terms; you are saying that the distribution of estate should be different to what the Will states.
On What Grounds Can Someone Contest a Will in Singapore?
The Will is invalid (not witnessed properly, or not signed)

The Wills Act states the formalities that a Will must follow when it is made, otherwise it may be invalid. These requirements are that:

 	
It is made in writing
 	
It is signed by the testator
 	
The testator is aged 21 years or more
 	
The testator’s signature was witnessed by two or more people, who also signed the Will while the testator was present.
 	
Neither witness is a beneficiary of the Will, nor are either of them the testator’s spouse.

To ensure all these requirements are followed, it’s important to use an experienced Wills lawyer to help you prepare your Will. If you don’t follow these requirements, your estate may have to be distributed following the Intestacy Rules, which may be very different from your own wishes.

The Will was made fraudulently

Sometimes a testator or their estate can be the victim of a fraudulent Will. For instance, someone misled the testator into signing a Will they have made, and the testator does so, thinking it’s a different document.

Another example is where a fraudster forges a signature on a Will they have made, or they alter the testator’s Will to their own wishes.

The Will was made under undue influence

This is a common ground on which a Will is contested. A Will can be challenged if someone believes that the testator was forced, or in some way persuaded, to make a Will that doesn’t represent their true intentions.

This can be hard to prove. The person challenging the Will has the burden to prove the undue influence – they are the ones who need to show that someone unduly influenced the testator’s mind, so that the Will was not voluntarily approved.

The testator was of unsound mind when they made the Will

Sometimes, a person with an interest in the Will may argue that the testator lacked mental capacity at the time they made the Will. For instance, they may say the testator had dementia (a medical condition which impairs someone’s ability to think, remember or make decisions).

Whether their mind was unsound temporarily or permanently does not matter; therefore, someone under the influence of alcohol or drugs will also lack capacity to make a Will.
What is the Procedure for Contesting a Will?
The way in which you contest a Will depends on the status of the deceased’s estate:

Contesting a Will before Grant of Probate: you should declare your interest in the estate by filing a court caveat. In effect, this is the court notifying you of an issued grant. Whilst the court considers your challenge to the Will, the distribution of the estate will be paused.

Contesting a Will after the court issues Grant of Probate: within six months of the date the court issued Grant of Probate, you must contest the Will. In certain situations the court can extend this time period, for example if an additional Will or codicil is discovered which significantly alters the distribution of the estate. Other reasons for making an application out of time can occur, but you must give your substantive reasons for doing so.

To begin the contesting procedure, you should start a probate action. This begins with a writ, issued by the Registry of the Family Justice Courts. In it, you should set out the grounds on which you are contesting the Will, and state why you think the grounds are satisfied.

After this, the court will then set a hearing, where it will rule on your claims against the Will.

If a Grant of Probate has already been issued by the court, you may only obtain a writ once a citation is filed, in the form of an affidavit against the person who the grant was issued to.

If the claim to contest the Will succeeds, the court will order the assets to be returned to the executor for redistribution. (If the assets are still held by the executor, they will use the Intestacy Rules to distribute them).
What if a Will doesn’t adequately provide for dependents?
In Singapore, the law states that the following individuals may be a testator’s dependents:

 	
A husband or wife
 	
An unmarried daughter who can’t maintain herself because of a mental or physical disability
 	
An infant son
 	
A son who can’t maintain himself because of a mental or physical disability.

Where a court is satisfied that the Will doesn’t make adequate provision for the dependant (they aren’t named in it for example, or they have an insufficient share) the court can make an order that a lump sum, or periodic payments, must be made to the dependents.

Once six months has passed from the issuing of the Grant of Probate you can apply for maintenance. Maintenance is sometimes a better option than contesting a Will. It is often cheaper and less stressful, and so puts less strain on the relationship between beneficiaries.
What happens when a Will is successfully contested?
If your challenge to the validity of a Will succeeds, then the distribution of the deceased’s estate will be done under the Intestate Succession Act, rather than according to the Will. Alternatively, the estate might be distributed according to an earlier Will.
Seek legal advice if you wish to challenge a Will
As experienced lawyers in this field, we would be happy to help if you want to contest a Will. With good legal advice, you can easily decide whether you are eligible to bring the claim, and we’ll help you to know your rights and the options available to you. Having legal representation through such a challenging process can be a huge benefit.

We also act for clients who are preparing their own Wills and what happens to their estate after their death. Our lawyers can show you how to best approach providing for your dependents, and how to distribute your estate."
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    string(4642) "We often provide legal advice for clients who have suffered the death of their husband or wife. Very often they will not know what to do first, and will be suffering emotional turmoil. One common question is, “how can I access my spouse’s assets, to help me pay the bills?”

A specialist family probate lawyer can help you to deal with the legal Estate of your spouse. They can help you gain access to their assets, enabling you and your family to manage their bank accounts, properties, any stocks or other assets they held, so you can distribute them to the correct beneficiaries.

This article explains the circumstances around access a bank account held solely by the person who has passed away, and where to start.

The first thing which must be done is to check if your loved one left a valid Will before they died. The first section of the article below explains what happens if there was no Will, and the second section explains what happens when a valid Will exists.
(1) An Individual Dies Without Leaving a Will
When someone dies and doesn’t leave a valid Will, then usually their next of kin (such as their husband, wife, or one of their children) needs to apply to the court to get Letters of Administration. That person then becomes the named Administrator of the Estate.

We have been practising probate law for many years, and so we can usually obtain the Letter of Administration within 6 weeks.

 	
At the bank

After we have submitted your probate application to the court, your Letter of Administration should arrive within 2 months. Once you have it, you (the Administrator of the Estate) need to then:

 	
Go to the bank
 	
Prove that you are the Administrator in the Will and Letter of Administration by producing your NRIC card
 	
Show the Letter of Administration
 	
Ask the bank to release the money in the deceased’s bank account to you.

Usually, the bank will issue a cheque to the Administrator made payable to “the Estate of [deceased’s name]”.

A new bank account should then be opened by the Administrator, in the name of “the Estate of [deceased’s name]”. Money belonging to the deceased’s Estate should come into or go out of this account only, to avoid it being mixed up with any of the Administrator’s own money.

 	
Distribution of the money

The deceased person’s assets are collected and any debts settled by the Administrator. Following this, they should then distribute the money remaining in the bank account according to the provisions of the Intestate Succession Act.

Be careful: the laws of intestacy and inheritance vary substantially depending on whether you were married, single, and had children or not. Often, your next of kin will get your property — people such as your surviving spouse, parents, brothers and sisters, uncles and aunts, etc. If no relatives can be found to receive the assets, then the state will usually receive the whole Estate.

Remember: to gain access to the bank account of someone who died without leaving a valid Will, Letters of Administration must be obtained by the Administrator to make banks release monies to the Administrator. Then it can be distributed to the correct beneficiaries.
(2) An Individual Dies Leaving a Valid Will
Following the death of someone who had already made a valid Will, a court application should be made by the Executor named in the Will, for a Grant of Probate. This is a court order that is made by the Family Justice Court, confirming that the deceased’s Will was authentic. The appointed Executor should then carry out the last wishes of the deceased person, as set out in their Will.

 	
At the Bank, and Distributing the Money

Having obtained the Grant of Probate, the Executor should then:

 	
Go to the bank
 	
Prove that they are the named Executor in the Will and Grant of Probate by producing their NRIC card
 	
Show the Grant of Probate
 	
Tell the bank to release the money in the deceased’s bank account to them.

The process is then repeated — a cheque is issued to the Executor by the bank, in the name of the Estate. Lastly, a new bank account should be opened by the Executor, in the Estate name, and the monies distributed to the named beneficiaries set out in the Will, once all debts have been settled.

If you need any help or advice in this area of law, we would be pleased to advise you. Contact us today. "
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    string(8168) "If you are wondering what happens when a person dies intestate (i.e. without leaving a valid Will) then this article will explain things for you. Perhaps you are also wondering whether you may receive an inheritance following the death of someone who didn’t leave a will. If so, this article is also relevant to you.

The main points can be summarised as follows:

If you make a Will before you pass away (a legal document setting out your instructions as to how your assets are shared after death), then you will have named someone as an executor. This means they must distribute your assets as set out by your will. But if you pass away without having made a will, then the Intestate Succession Act will be needed to show who should manage the estate, how the assets should be shared and with whom. You therefore have no power to decide who gets your assets after your death.
There is a Valid Will – How an Estate is Distributed
In this case the Will contains the directions as to how the estate should be distributed. It will name someone as an ‘executor’ who must apply to the court for something called a Grant of Probate. When the executor receives this, they can then approach the various financial institutions like banks and gather the deceased’s assets. They must then pay off any debts and taxes still owed, before apportioning the assets to the beneficiaries as the will instructs.
There is No Valid Will – How an Estate is Distributed
In Singapore, a person is described as having died ‘intestate’ if they die without leaving a valid Will.

To determine how the estate is distributed, the Intestate Succession Act must be consulted. The relatives of the deceased will inherit the assets according to the proportions set out in this act.

Intestacy can also apply to assets when someone makes a Will incorrectly, and the court has declared it invalid.

In conclusion, for people dying without a Will, the state ultimately decides what happens to your assets, via the Intestate Succession Act, and you have no deciding role to play. It is for this reason that, as a law firm, we advise all our clients to make a Will; it ensures they get to decide who should manage their estate, and who inherits their assets after their death.
What Happens to the Assets of an Intestate Person?

 	
The assets are frozen

Now that the assets’ owner is dead, no money can be withdrawn from bank accounts, no properties sold, and no securities transferred in any way. To begin to access these assets, an application must be made to the court by the deceased’s next of kin, to obtain Letters of Administration.

This is a situation we frequently come across as lawyers, where the next of kin require a Grant of Probate (if a Will exists) or Letters of Administration (if no Will) to deal with frozen assets.

 	
To access bank accounts in the sole name of the deceased, the next of kin need to apply for probate to obtain the money in them
 	
To transfer or sell an HDB flat or other private property in the sole name of the deceased, then the next of kin must apply for probate
 	
To enable an insurance policy to be paid out, the insurance company will ask to see either the Grant of Probate or the Letters of Administration, to ensure they are paying out to an authorised individual.
 	
Where the deceased had a car, or shares, then in order to transfer or sell that property, proof of probate is required.


 	
Next of kin must apply for Letters of Administration to unfreeze the assets

A specialist probate lawyer should be engaged by the next of kin (normally the spouse or eldest child of the deceased) to obtain a Grant of Letters of Administration. The purpose of this court order is to appoint the next of kin as the personal administrator of the estate. Their duties include gathering the deceased’s assets, settling any debts, and ensuring the beneficiaries receive the rest of the estate they are entitled to.

This administrator is tasked with managing and distributing the deceased’s estate, according to the Intestate Succession Act. The Act lists the following people, in the order they are eligible to apply for Letters of Administration:

 	
Spouse
 	
Children
 	
Parents
 	
Sisters and brother
 	
Nieces and nephews
 	
Grandparents
 	
Aunts and uncles

According to this order, if the deceased’s children want to be administrator(s), then the spouse of the deceased must give up their right to apply for Letters of Administration.

Letters of Administration will be granted to the applicant, assessed by the court as being the most suitable person to manage the estate of the deceased.

 	
The assets will be used by the administrator to pay off debts

An accurate list of assets will need to be made by the administrator, in order to pay off the deceased’s loans, taxes and debts. Included in this will be credit cards, utilities, subscriptions and bank loans.

 	
Assets are distributed to surviving family members under the Intestate Succession Act

 The distribution of an intestate person’s assets must be done in accordance with the Intestate Succession Act. The inheritance to be distributed includes real estate, securities, bank accounts, and any other assets that the deceased owned at the time of their death, once taxes and debts are paid.

How an intestate person’s assets are divided in Singapore will depend largely on whether they were married or single, and if they had children.

It is often assumed that if a person dies without leaving a valid Will, their spouse will inherit everything. However, this is only true if the deceased had no surviving parents and no children. If children or parents are still living, then the spouse will actually only get 50% of the inheritance.

What happens more often is that the deceased person’s property is apportioned between several different members of their family – usually their spouse, brothers/sisters, aunts and uncles, and grandparents.

 	
The Intestate Succession Act sets out how much the beneficiaries inherit

Look under section 7 of the act to find out how to distribute the deceased’s estate where there is no Will. These rules of inheritance must be followed by the administrator of the estate, as follows:

 	
There is a spouse (but no children or parents): the spouse gets everything.
 	
There is a spouse and children: spouse gets half of the assets, the children get the other half in equal shares.
 	
There are children but no spouse: children share everything equally.
 	
There is a spouse and parents, but no children: spouse gets half, parents get the other half in equal shares.
 	
There are only parents (no spouse or children): parents get everything in equal shares).
 	
There are only brothers and/or sisters (no spouse, children or parents): the brothers and sisters (or children of the deceased brothers or sisters) share everything equally.
 	
There are only grandparents (no spouse, children, parents, brothers, sisters, or children of deceased brothers or sisters): grandparents share everything equally.
 	
There are only aunts and/or uncles (no spouse, children, parents, brothers, sisters, children of deceased brothers or sisters, or grandparents): uncles and aunts inherit everything shared equally.

Contact a specialist estate lawyer
It’s often overwhelming and emotionally very stressful to deal with a loved one’s estate in the aftermath of their death. Our probate lawyers are always compassionate and professional when dealing with clients at this sensitive time, and can help them through probate or estate administration."
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